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QUESTION:

Hi, lawyer, I have questions. My husband has another woman outside, the 2 of them live together as husband and wife, will my husband be sanctioned, hope the lawyer can give me advice. 

ANSWER:

Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

According to Article 182 of the 2015 Penal Code, the Crime of violating the monogamy:

1. Any married person who is married or living together as husband and wife with another person or an unmarried or unmarried person who is married or living together as husband and wife with someone whom they know well as being married If the wife falls into one of the following cases, the wife shall be subject to warning, non-custodial reform for up to 01 year or a prison term of between 3 months and 1 year:
2. a) Causing the marriage of one or both parties to the divorce;
3. b) Have been administratively sanctioned for this act but still commit the violation.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 06 months and 03 years of imprisonment:
5. a) Causing suicide of either spouse or children of either party;
6. b) There has been a decision of the Court to cancel the marriage or to force the termination of the cohabitation as husband and wife contrary to the monogamy and monogamy system but still maintain such relationship.

Under Point c, Clause 2, Article 5 of the 2014 Law on Marriage and Family Prohibiting a married person from getting married or living together as husband and wife with another person or unmarried or unmarried but from getting married or living together as husband and wife with a married or married person

Under the provisions of Clause 1 Article 59 of Decree 82/2020 / ND-CP providing forViolations against regulations on marriage, divorce and monogamy:

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:
2. a) Being married or married but married to another person, unmarried or unmarried but married to someone you know well as being married or currently married;
   b) Being married or currently married but living together as husband and wife with another person;
   c) Not married or unmarried but living together as husband and wife with someone you know well as being married or currently married;
   d) Getting married or living together as husband and wife between a former adoptive parent and adopted child, father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with stepchild, stepmother and stepchild ;
   e) Obstructing marriage, claiming wealth in marriage, or obstructing divorce.

Relating to your case, where your husband has an outside woman and lives with that person as husband and wife, this is prohibited by the Law on Marriage and Family. In addition, your husband can also commit the crime of violating the monogamy as prescribed by the 2015 Penal Code if falling into one of the cases prescribed by the Law. The above acts of your husband may be subject to warning, non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year, and a fine of between VND 3,000,000 and 5,000,000.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

In case you ever need detailed consultation, please contact us directly for specific advice.

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